Water Management in the Republic of Slovenia (Historical Overview and Current Regulations)

Abstract

This paper undertakes a detailed examination of the historical development and present-day regulatory framework governing water management within the Republic of Slovenia. It traces the evolution of water governance from the socialist system to the emergence of a legal and institutional framework oriented towards sustainability and environmental protection. Particular attention is afforded to pivotal legislative developments, notably the post-1991 shift to a market economy following Slovenia’s attainment of independence, the subsequent privatisation of public enterprises, and the adoption of the 2002 Water Act (ZV-1). A milestone of considerable legal and constitutional significance was the 2016 amendment to the Slovenian Constitution, whereby the right to access to drinking water was elevated to the status of a fundamental human right—thereby reinforcing the principle that water are to remain subject to public authority and may not be surrendered to private dominion.

The analysis further elucidates the respective competences of the state and local communities in the governance of water resources, public utilities, and concession-based service delivery. It explicates the legal mechanisms governing the supply of potable water, the maintenance of water infrastructure, and the authorisation of special water use through permits and concessions. Furthermore, the study addresses the societal and legal ramifications of public opposition to privatisation initiatives, as demonstrated by the 2021 referendum in which Slovenian citizens overwhelmingly rejected legislative amendments that could have paved the way for commercial exploitation of water resources. In conclusion, the Slovenian legal order is shown to embody a robust com- mitment to the preservation of water as a public good, safeguarding its availability and equitable distribution for both current and future generations.